The arguments revealed that tracking participant tort litigation and tracing settlement funds remains important for plans, Michelle Capezza, an attorney with Epstein Becker & Green in New York, told the Guide.

Plans should think about procedures they use to track participants’ tort litigation and could result in a fund from which they could be reimbursed. The outcome in this case could influence how plan documents are drafted, she notes. Documents should clearly state subrogation and recovery rights and provisions that are materially consistent in all aspects should appear in summary plan descriptions, she said.